FACT CHECK: Marcoleta and Estrada remain detained, contrary to claim

Senators Rodante Marcoleta and Jinggoy Estrada remain in custody, according to official records and judicial rulings, contradicting claims circulating online that they have been released. The assertion that the two lawmakers were freed surfaced through a video posted on a YouTube channel called “BANATNEWSUPDATE” on July 29. The video, titled “Kapapasok lang! Good news! Welcome back Marcoleta at Jinggoy! Ngayon lang! Nakalaya na sila?” suggests that the senators were recently released from detention. However, there is no credible evidence or formal announcement supporting this claim. The video features images of Marcoleta and Estrada alongside President Ferdinand Marcos Jr. and other officials, accompanied by the caption “Good news! Ngayon lang! Jinggoy at Marcoleta! Nakalaya na!” This visual and textual content appears to be part of a broader narrative promoting the idea that the senators have regained their freedom. Despite its popularity, having amassed over 10,000 views and 936 likes, the video does not present any documentation or confirmation of their release. Instead, it incorporates commentary from another channel, “Don Mar TV,” which reacts to Marcoleta’s criticisms of the president’s recent State of the Nation Address. There is no indication within the video that either senator has been officially discharged from custody. Jinggoy Estrada, currently detained at the New Quezon City Jail in Payatas, was ordered arrested on June 1 following a plunder charge filed by the Office of the Ombudsman. His legal team sought bail for him, arguing that the case was premature and lacked legal foundation. In response, the Sandiganbayan 5th Division rejected the motion on July 24, with the ruling made public on July 28. The court ruled that the petition was “premature and devoid of legal basis.” Rodante Marcoleta, meanwhile, continues to be held at the same facility. He surrendered to authorities on July 6 after the Sandiganbayan issued a warrant for his arrest on plunder charges related to his alleged failure to disclose P75 million in campaign donations during his 2025 Senate run. Both senators face serious charges, including non-bailable offenses such as plunder, which carries severe penalties. In addition to their plunder cases, Estrada is also charged with two counts of graft tied to alleged corruption in flood control projects. Marcoleta, on the other hand, faces three counts of violating Presidential Decree No. 46, which prohibits public officials from accepting gifts. These charges underscore the gravity of their legal situations and the potential consequences of their continued detention. Despite being in custody, both senators were elected to key committee positions within the Senate on July 29. Estrada was appointed to the committee on electoral reforms and people’s participation, while Marcoleta was assigned to the panel on tourism. Senate President Sherwin Gatchalian emphasized that the senators remained active members of the body, with the vice chairs of the respective committees overseeing the meetings. Both detainees have also sought involvement in the ongoing impeachment trial of Vice President Sara Duterte. Marcoleta submitted a request on July 20 to ensure his vote would count in the proceedings. Meanwhile, Estrada’s attempt to join the trial as a senator-judge was denied by the Sandiganbayan’s 5th division on June 29. These developments highlight the complex interplay between legal proceedings and political roles, even amid their current status in detention.